PC Minutes 10/22/07 DRAFT

ITEM NO. 6A:           CN1 & RM32 TO PCD-2; .746 ACRES; 618 W 12TH ST (SLD)

 

Z-07-13-07: A request to rezone a tract of land approximately .746 acres, from CN1 (Inner Neighborhood Commercial) & RM32 (Multi-Dwelling Residential) to PCD-2 (Planned Commercial Development). The property is located at 618 W 12th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record. (Public Hearing continued from September 24, 2007)

 

ITEM NO. 6B:     PRELIMINARY DEVELOPMENT PLAN FOR OREAD CIRCLE; 618 W 12TH ST (SLD)

 

PDP-07-03-07: Preliminary Development Plan for Oread Circle (Oread Inn), located at 618 W 12th Street. Submitted by Paul Werner Architects, for Triple T, LLC, property owner of record.

 

STAFF PRESENTATION

Ms. Sandra Day presented items 6A and 6B together. She noted that the applicant was proposing an additional 4th level of underground parking to the proposed plan.

 

Commissioner Finkeldei inquired if the applicant wanted to build the entire project as condominiums, would there be something to prevent them from doing that.

 

Ms. Day said that if the applicant were to propose condominiums that it would be presented before Planning Commission again. Staff supported the 4th level of parking. She also stated there was a typo in the Staff Report, the setback on Indiana was 2 inches, not 2 feet.

 

APPLICATION PRESENTATION

Mr. Paul Werner, Paul Werner Architects, agreed with the Staff Reports. He said that he was comfortable with where they were at with parking and the square footage and now that he had Staff Reports with the conditions, he felt that they could work with the parking space numbers. He stated that the parking level 4 would add square footage but it would be adding parking spaces. There will be 104 guest rooms and they are limited to 26 condominiums based on the residential aspect of the project.

 

Commissioner Eichhorn asked if the number of guest rooms increased would the parking then need to increase too.

 

Mr. Werner replied, probably so. If 4 more guest rooms were needed, then 4 more parking spaces would be needed. If 3 guest rooms were converted to 3 condominiums that is why they used different parking space calculations.

 

Commissioner Finkeldei inquired if the terraces considered as open space would be open to the hotel guests or just the condominium occupants.

 

Mr. Werner said that the open space terraces would be open for all the tenants. There would also be private terraces that were not counted as open space.

 

Commissioner Harkins inquired about traffic issues.

 

Mr. Werner stated that they would be widening 12th Street 3 feet and pulling a median back 5 feet. The street improvements would not start until May so that they can be sure they are doing it right. He also said they have talked to Chuck Soules, Public Works Director, about why buses have a hard time turning down Louisiana and Mr. Werner feels this project would improve the area.

 

Commissioner Harris wanted to know more about the Staff Report condition that stated open space terraces could not be enclosed without approval.

 

Ms. Day said that Staff did not recommend the open space terraces be enclosed. She said the condition was worded the way that it was so that if the applicant decided to enclose the open space terraces in the future that they would have to have a public hearing instead of being administratively approved.

 

Commissioner Harris inquired about redeveloping the neighborhood as mentioned in the Staff Report.

 

Ms. Day said there was some interest in some of the elements of the project. She thought there might be desire in the neighborhood for someplace to pick up coffee or a sandwich.

 

Commissioner Eichhorn asked about the communication letter from the attorney for the Crossing and if the issues discussed in it had been resolved.

 

Mr. Werner stated that the issue had been resolved.

 

PUBLIC HEARING

Candice Davis, lives in the Oread neighborhood, said she is from the neighborhood association that had been working with the developer. She appreciated the developer working with them from an early point and said that most of the neighborhood association felt the project could be positive. She was still concerned about parking. She also said that in early talks with the developer they had mentioned saving the Oread Apartments as well as a house south of the Oread Apartments, which she felt would be positive. The neighborhood association was also in favor of improvements to the intersection. She was not personally opposed to the height of the building. She also expressed that she would prefer that the building had extended stay units instead of condominiums and would also prefer uncovered terraces.

 

Dennis Domer, expressed his concern about the size of the building. He felt that a signature building needed to give distinction to a City and he did not feel that this building would. He said that it would need to look better the closer you got to it if it was going to bring distinction to the City. He again said that the building was too large in scale and that the building was crammed on the site and had to have a number of waivers to fit. He stated that the Historic Resources Commission denied it primarily because of the scale of the building. He did not feel it was consistent with the established patterns of the neighborhood. He also felt that it was not architecturally designed well. He stated that the building had no architecture merit so it could not be a signature building because of that.

 

Commissioner Finkeldei asked Mr. Domer if there was a signature building in Lawrence that met his criteria.

 

Mr. Domer said that Lawrence had a signature Downtown. He also felt that the Douglas County Courthouse and Natural History building were signature buildings.

 

Commissioner Lawson asked Mr. Domer if the design met with greater satisfaction would that be enough to overcome the issues of scale and mass.

 

Mr. Domer replied yes.

 

Commissioner Harkins said that he had a hard time of getting any sense of architectural symmetry on the KU campus and felt that the Oread building would look better than ¾ of the buildings on campus.

 

Commissioner Harris said that she received ex parte from Dan Rockhill, KU Architecture Department, and he felt that a lot could be done to increase energy efficiency. He felt that 3-D models might help for a feel of the scale of the building.

 

Mr. Domer thought that 3-D models might help in getting an idea of how it would fit into the neighborhood.

 

APPLICANT CLOSING COMMENTS

Mr. Werner said that aesthetics were difficult and that this was a land issue. He said that they met with the KU Dean of the Architecture school and he had some good points and it was a good meeting. Mr. Werner said they agreed to disagree about the aesthetics of the building. Mr. Werner also felt that the PCD zoning waivers they asked for were not that bad. He said that the Historic Resources Commission missed an opportunity and they did not offer suggestions they just said “it’s too tall, no.” He felt the plan was efficient with floor space and that parking had been their ultimate concern.

 

Commissioner Lawson asked for clarification on the parking levels.

 

Mr. Werner said that the parking would really be 3 ½ levels, because the slope of the site, one of the lots is really only ½ parking lot. He said that there would be 188-190 parking spaces.

 

Commissioner Harris asked if all of the parking would be valet.

 

Mr. Werner replied, correct, it would most likely be all valet parking.

 

Commissioner Harris inquired if it would be paid valet parking.

 

Mr. Werner said that they would almost have to do paid valet parking to keep students from parking in it.

 

COMMISSION DISUCUSSION

Commissioner Harkins felt that some of the comments regarding architecture were a little outside of what the Commission was looking at. He said that private buildings over the past 30 years have been better looking then public buildings and that he liked the appearance of the building.

 

Commissioner Hird said at first he was surprised by the height and scale of the building but he hoped the open terraces would be for public use, and that would help him accept the building more. The addition of the parking level with about 30 additional spaces is a good improvement and he was glad to see that. He said he was not qualified to comment on the architecture but he liked the initial look of the building.

 

Commissioner Blaser inquired about how much cost the City would incur for the project.

 

Ms. Day said the Developer would take care of the improvement costs to the streets and sewer.

 

Commissioner Lawson asked if that would include the Oread Avenue improvements.

 

Mr. Thomas Fritzel, the project developer, indicated the improvements would be paid for by the development.

 

Ms. Day replied, yes.

 

Commissioner Lawson said he would not be terribly offended by another building being added to the landscape view of the city.

 

Commissioner Jennings asked if the building was 50 feet lower than Fraser Hall.

 

Mr. Werner replied that was correct.

 

Commissioner Hird said he was surprised there were not more public speakers on this issue but that they did received a lot of written comments on the project and that he wanted the public to know that the Commission had read every comment in considering the project.

 

Commissioner Lawson was also surprised to see that the League of Women Voter letter was mild and he felt that said a lot.

 

Commissioner Harris had mixed feelings about the project and felt that the scale of the project was too big. She was concerned about parking for patrons eating at the restaurant and felt that it might put a burden on the neighborhood.

 

Commissioner Eichhorn said that the parking area across the street would become available after 5pm when the students are gone so that would free up parking for people wanting to eat dinner there.

 

Commissioner Harris felt that it was important for KU students to have a place to go and get a drink or sandwich after class.

 

Commissioner Eichhorn said that there were several other bars in the area, the Wheel and the Hawk.

 

ACTION TAKEN ON ITEM NO. 6A

Motioned by Commissioner Hird, seconded by Commissioner Chaney to approve the rezoning of .746 acres from CN1 (Inner Neighborhood commercial and RM32 (Multi-Dwelling Residential) District to PCD [Oread Inn] Planned Commercial District based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval subject to the following conditions:

 

  1. Publication of an ordinance.
  2. Approval of and compliance with the preliminary development plan approved by the City Commission on November 13, 2007 and subsequent recording of a final plat.

 

Motion carried 9-1, with Commissioner Harris in opposition.

 

ACTION TAKEN ON ITEM NO. 6B

Motioned by Commissioner Hird, seconded by Commissioner Chaney to approve the Preliminary Development Plan for Oread Inn based on the findings presented in the staff report and forwarding it to the City Commission with a recommendation for approval subject to the following conditions:

 

1.  Approval of the following waivers and reductions:

    1. Area reduction from 2 acres to .73 acres
    2. Waiver to allow direct access to a local street.
    3. Yard Reductions along the north side to a minimum of 21’ rear/peripheral yard setback;
    4. Yard Reductions along the east side to 2’ side/peripheral yard setback;
    5. Yard Reductions along the south side to a minimum of 23’ front/peripheral yard setback;
    6. Yard Reductions along the west side to a minimum of 2’ exterior side/peripheral yard setback;
    7. Off-street parking to a minimum of 165 spaces as shown on the plan dated 09/10/07.

2.  Provision of a revised Preliminary Development Plan to include the following notes and changes:

    1. Provision of an exhibit of the approved waivers and reductions to be attached to the Preliminary Development Plan.
    2. Provision of a note on the face of the plan that states that the terrace areas provide common open space for the development and shall not be enclosed without approval of a revised Preliminary Development Plan and approval of reduction in the required open space provisions as applicable.
    3. Note and show the required off-street parking based on the applicable code of 1 space per 200 NSF.
    4. Provision of a note on the face of the Preliminary Development Plan stating that a detailed list of use restrictions shall be shown and submitted with a Final Development Plan.
    5. Provision of a note that establishes a time limit for organized activities within the terrace areas to not exceed 11:00 P.M. Sunday through Thursday and 12:00 A.M. on weekends (Friday and Saturday nights).
  1. Provision of a revised Preliminary Development Plan per the City Stromwater Engineer’s approval that shows:
    1. Show the contour lines to accurately reflect the elevations of the site.
    2. Specify that all curb inlets will be constructed per City storm sewer standard details.
  2. Provision of a revised Preliminary Development to show the following changes to the pedestrian pathway circulation adjacent to the proposed development as follows
    1. Removal of the angled crossing through 12th Street
    2. Provision of a 90 degree crossing at the corner of 12th Street and Oread and the corner of the development.

 

Motion carried 9-1, with Commissioner Harris in opposition.